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File #: 60351    Version: 1 Name: Repealing and recreating Chapter 37 of the Madison General ordinances
Type: Ordinance Status: Passed
File created: 4/28/2020 In control: Attorney's Office
On agenda: 6/2/2020 Final action: 6/2/2020
Enactment date: 6/11/2020 Enactment #: ORD-20-00051
Title: Repealing and recreating Chapter 37, The Public Stormwater System Including Erosion Control, of the Madison General Ordinances.
Sponsors: Keith Furman, Patrick W. Heck, Grant Foster, Tag Evers, Arvina Martin, Marsha A. Rummel, Barbara Harrington-McKinney, Satya V. Rhodes-Conway, Syed Abbas, Zachary Henak, Michael E. Verveer, Lindsay Lemmer, Max Prestigiacomo
Attachments: 1. 6280 Chapter 37 (Full Red Line).pdf, 2. Body, 3. DePalma_Comment_05-12-20.pdf, 4. Benwitz_Comment_05-13-20.pdf, 5. Mrozek_Comment_05-13-20.pdf, 6. Kuntz_Comment_05-14-20.pdf, 7. Peseri_Comment_05-14-20.pdf, 8. Vedder-Shults_Comment_05-14-20.pdf, 9. Chapman_Comment_05-15-20.pdf, 10. Anderson_Comment_05-15-20.pdf, 11. Sierra_Club_Comment_05-15-20.pdf, 12. Millar_Comment_05-17-20.pdf, 13. Madison Builders Assoc 5-6-2020.pdf, 14. Connors_Comment_05-17-20.pdf, 15. LWVDC_Comment_05-18-20.pdf, 16. Clean Lakes Alliance Resolution #2020-01_proposd Chapter 37 changes (002), 17. 6/1/20 Letter_James Villa, NAIOP Wisconsin
Fiscal Note
The proposed changes to Chapter 37 are not expected to have a direct fiscal impact on the City. Several of the regulatory changes will result in increased compliance costs for private sector entities associated with new development. The proposed regulatory changes may also result in increased staff time for review and approval of the new requirements, but this staff time would be recovered through charges for review to developers. No appropriation is required.
Repealing and recreating Chapter 37, The Public Stormwater System Including Erosion Control, of the Madison General Ordinances.
DRAFTER’S ANALYSIS: This ordinance makes numerous changes to Chapter 37 of the Madison General Ordinances to update the City’s stormwater code. To simplify the changes, the entire chapter is being repealed and recreated. The notable changes are as follows:

1. Sec. 37.04 amends the definition of redevelopment by increasing the land disturbance threshold from 4,000 square feet to 10,000 square feet, and exempting out parking lot resurfacing. This is meant to address the unintended consequence of encouraging very small parking lots from being improved due to the need to add very expensive stormwater treatment methods. Dane County is moving this to 20,000 square feet for similar reasons.
2. Sec. 37.05(4)(d) is being amended to allow for credits against the stormwater charge, based upon an approved Rate Adjustment and Credit Policy.
3. Section 37.05(6)(b) reorganizes and alters the design standards for privately financed additions to the public stormwater system, including:
a. Making compliance mandatory for new development, and a goal for redevelopment and/or infill development.
b. Culverts across streets at greenway crossings were previously required to be designed for the 25-year event. This revision changes that to the 100-year event.
c. Overflow of the pipe and road system in the event of a 500-year storm event shall not impact any private habitabl...

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